Unjustified Enrichment as a result of Turnover of Objects of Information Law

Abstract

Not being an object of civil rights (Article 128 of the Civil Code of the Russian Federation), information has acquired objective marketability that does not limit itself, due to its value for certain persons, to using the construction of a contract for the provision of paid services for the legal regulation of emerging legal relations. The paper examines the legal nature of information and its historical and modern regulation, examines cases of illegal access to information and its use for the benefit of an unscrupulous person and suggests the possibility of applying the institute of unjustified enrichment by analogy. It is proved that the use of actio de in rem verso as an institution of unfair enrichment is the most appropriate for regulating the legal relationship under study. It is proposed to use the named institution up to the proposed reform of civil legislation in order to give information the properties of a full-fledged object of civil rights. It is argued that the reform of civil legislation regarding the inclusion of information in the objects of civil rights is long overdue and is predetermined by the objective development of the information society. Moreover, the expansion of digitalization and digital transformation of participants in civil law relations, including the state, leaves no doubt that such changes are relevant, and the courts, as soon as such an opportunity arises, need to begin applying new legislation in this regard.